Texas Truck Wreck Attorney Blog

There are a number of federal organizations charged with the responsibility of oversight of the trucking industry in general. As an 18 wheeler accident attorney I follow regulation of truck driver closely. To that end, the DOT reviews current regulations and research related to safety (among other things) and then sets out to revise them in a manner that affords greater protection to unsuspecting drivers on American highways. Some of the expectations for regulations that will go into effect this year (and into 2013) are as follows:

*Cell phone restrictions are now in place for bus and truck drivers. It states that drivers may not use hands-free mobile devices when they are behind the wheel and motoring. The regulation is very specific with regard to the actual behavior of the driver and the use of phones - stating that drivers may not reach for, dial or hold a phone while in the act of driving. There are increasingly stiff penalties for drivers and their respective companies if they are found guilty.

*A second pending rule calls for a national database of driver drug and alcohol test results.

*Yet another type of national registry under consideration is one in which physicians - sensitive to the specific work-related needs and ailments of those who work in the trucking industry - sign on to a list that can be accessed by persons of interest.

Make no mistake, there are interests out there that oppose any further restrictions or regulation of truck drivers or others out of financial interest or an ideological belief. When an 80,000 pound missile travels our communities at highway speeds regulation is not only necessary it is almost criminal to argue otherwise.

Continue reading "Regulation of Truck Drivers In Texas" »

The ban on 'texting and driving' by commercial drivers of any type - semi-truck drivers, bus drivers and others - has been in effect for nearly two years. Violators can be fined up to $2750.

This decision was made in light of statistics that show a semi-truck can travel the length (and then some) of a football field in the short 5 seconds it takes for a driver to look away from the road (at a conservative 55 m.p.h.) - and that can and has had disastrous results over and over in the last decade.

Certainly drivers all across the country applaud the efforts of the United States Department of Transportation to keep our roadways safer.

One study conducted at Virginia Tech University recently revealed that commercial drivers who engage in the act of 'texting while driving' were actually 23 times more likely than their non-texting counterparts to be involved in an accident or 'near-miss'. Therefore, the ban has the potential to make a significant impact on the injury and fatality 'bottom line'.

Unfortunately, the DOT was unable to address an additionally hazardous behavior of many Fed Ex and U.P.S. drivers that lead to fed ex truck accidents and UPS truck accidents. These commercial vehicles come equipped with 'in-cab' computers that allow drivers to carry out numerous distracting behaviors including scanning packages for pick-up and delivery as well as receive and respond to messages from the dispatcher.

While it seems apparent that these types of actions are equally preoccupying - the DOT does not have oversight of commercial on-board computer systems. Any decisions regarding this would require them to convene the higher powers of our lawmakers. I urge you to contact your lawmakers and weigh in on the matter.

Truck accident attorneys provide a method to seek justice after the fact but the key is to prevent wrongful death lawsuits in the first place.

Economists are predicting a shortage of certified commercial drivers over the next few years even as they demonstrate that the trucking industry is expected to grow significantly in the next decade.

One expert states that currently there may be a need for as many as 130,000 new drivers - a number that could balloon in ten years. There are several reasons for the shortage.

First of all there are large numbers of people retiring from the business - it can be physically brutal on a person. At the same time the industry seems to be little allure for the younger generation to enter the over-the-road trucking business.

Meanwhile trucking companies are placing greater restrictions and setting higher expectations for new truck drivers. Those with poor driving records, arrests for drugs or intoxication - or with other legal problems can no longer count on escaping into the trucking industry to make a living.

Federal regulations and high monetary awards to persons who were injured or have loved ones who were killed in a semi-truck accident are resulting in greater caution in the hiring practices of trucking companies.

This is proving to be problematic - which always comes down to affecting the bottom line for goods and services for all Americans. But, many would argue that increased costs for groceries and dry goods are worth the lives it saves.

As a semi truck accident attorney I see many drivers who have a truck accident when they should not have even been driving a big rig.

To be fair - there are statistics about the truck driving industry that point to improved overall safety with regard to drivers and their rigs. Consider the following information.
*According to government reports - the professional truck driver is actually one of the safest on the roads today.

While the typical American may put 15,000 miles on the vehicles each year while behind the wheel - the semi-truck driver averages around 130,000 miles annually. Yet semi-truck accidents account for only 4% of collisions each year.

*Other reports show that in the case of semi-truck and auto accidents -a whopping 71% of them are the fault of the automobile driver and not that of the 18 wheeler.

Common automobile driver errors include such things as 'cutting off the semi-truck driver', failing to maintain a safe distance either in front of or behind a rig - and in the event of a quick stop being unable to avoid a collision, and engaging in distracted driving behaviors that prevent automobile drivers from being fully aware of the traffic around them.

*Finally, a multitude of government agencies are imposing greater safety regulations and restrictions on both semi-truck drivers and the companies they represent - as well as the trucking industry as a whole.

Certainly no one in the industry is pleased with these added layers of requirements that translate into dollars - but many agree that safety should be the first concern of a semi-truck driver on the open road.

If you are interested in learning more about semi-truck regulations visit www.nhtsa.gov

Continue reading "How Safe Are Truck Drivers" »

Speaking of federal agencies responsible for transportation safety - the Department of Transportation has an entire section devoted to semi-truck and trucking company safety and related information.

For instance, there is a site that lists the contact information for every transportation department in the country - including addresses, phone numbers, faxes and emails. Their website urls are also available - and I encourage readers to take a moment and visit the homepage of our state. You'll find the time you spend on it to be informative and interesting.

There are other links concerning truck driving as well. You can learn more about the hours of service and other requirements involved in being a semi-truck driver or operating a truck driving service. There's a section for truck drivers as well - updating them on such things as the need to secure a Department of Transportation number and drug and alcohol testing rules.

There's even information on how to file a complaint - online - against a trucking company (and any other transportation security concerns you may have). If you're interested you can learn more about how hazardous materials are moved across the country and the safety precautions taken to guard against endangering the public or otherwise exposing them.

Finally, each state provides updates on traffic and road closures. This is meant to help the average driver navigate around long traffic delays and road construction.

My suggestion is add www.dot.gov to your favorites. It's definitely worth an occasional perusal if you are interested in the trucking business.

Continue reading "Semi Truck Accident Safety and the DOT" »

One of the goals of this blog is to educate the public about all things related to the semi-truck driving industry. One topic we have failed to discuss is the Federal Motor Carriers Safety Administration - an arm of the Department of Transportation itself.

The FMCSA is located in Washington D.C. and at last count employed a thousand people. Their mission is to improve the safety of commercial motor vehicles and truck drivers by enacting relevant legislation and then enforcing it.

It came into existence in 2000 and currently includes a number of subdivisions including but not limited to analysis, environment, research and technology - each addressing concerns specific to motor carrier safety. For instance, FMCSA oversees procedures that incorporate environmental considerations into informed decision making while assuring compliance with the National Environmental Protection Agency.

In 2010 the FMCSA enacted a program entitled CSA or Comprehensive Safety Accountability. This 'comprehensive' idea is meant to 'improve truck and bus safety by reducing the number and severity of collisions and the accompanying injuries and fatalities. It should come as no surprise to learn that trucking companies and driver unions had attempted to stop it through legal means - a move which was finally halted by the U.S. Court of Appeals in Washington D.C.

Certainly, the new legislation has minor flaws - but overall the Comprehensive Safety Accountability Act goes a long way towards both improving road safety for other drivers and holding truckers and their companies' accountable in lawsuits against trucking companies for negligence that leads to injuries and fatalities.

Continue reading "Government Regulation Works to Prevent Truck Wrecks" »

Long overdue the new fuel economy rules for tractor-trailers was announced today in Washington DC. The new standards were authorized under a bill signed into law by Pres. George W. Bush way back in 2007. It is taken until today to develop the standards, which have been described, as fairly complex.

While the new rules are going to cover new trucks in the year 2018 and designed to save 20% in fuel efficiency the standards are long overdue. On balance, trucking companies will see the price of the new truck increase, which will be offset in no time by reduced fuel consumption, which is the major expenditure for trucking companies.

The net effect for commercial carriers will be increase profit from the new standards. There will be some who criticize the move toward more fuel-efficient vehicles but there is no doubt that the new regulations will increase profit for trucking companies and small owner operators.

Generally the larger the truck the more savings for the trucking company under the new rules. Not only will profits for trucking companies be increased but we will be that much less dependent upon foreign oil to meet our needs.

The technology exists to have rapid and substantial increases in miles per gallon for almost all vehicles on the roadway. Heavy resistance from both consumers and manufacturers has slowed the progress toward more fuel-efficient vehicles. No credible expert has opined that the new standards will do anything but increase profits for small businesses and trucking companies.

The less it costs you to haul your goods the better your bottom line.

Continue reading "New Fuel Economy Rules for Big Rigs" »

Another illustrious government agency is the U.S. Department of Transportation. Although their purview includes all types of transportation - land, sea and air - they perform a variety of valuable services and provide a wealth of information to the American public. One of their current campaigns is to call attention to the dangers of distracted driving but there are a number of other relevant concerns currently posted on the site as well.

For instance, if you would like to know more about vehicle safety, drug and alcohol testing, airline security and the TSA, anything related to the trucking industry, the future of high speed rail in this country and access to state department of transportation satellites - then you would find this information at www.dot.gov.

In addition, the issue of green energy and transportation is also addressed on the website - and if you are the type of person who likes to keep track of where your tax dollars are going then you may access the extensive budgetary, performance and accountability material provided in a separate comprehensive presentation.

Finally, the website offers separate listings of services they provide to citizens, businesses and government agencies. Individuals can access extensive libraries and research, consumer and recreational information, the detailed provisions and expectations to apply for transportation related grants and loans - and other consumer related instruction.

As with the NHTSA site - I urge readers to take the time to review this website

Continue reading "The Department of Transportation Website" »

In a neighboring state a recent accident that claimed three lives only serves as further proof that in the case of collisions that involve semi-trucks - other drivers are often on the losing end.

Reports indicate the crash involved a major and well known delivery service whose logo is instantly recognizable to millions of Americans. According to the driver of the semi he did not see that SUV and claims he may only had gently struck it from behind.

But this 'hit' - and accident reconstruction shows that it may have struck with more force on the SUV driver's side - was enough to send it 'careering out of control'. When it came to rest three persons were killed and four seriously injured with trauma that included everything from broken legs to a broken back and more.

Involved in this tragedy were three adults and four children returning to their home from a wedding with the groom in tow who would fly back to his bride after safely depositing his family who had attended the joyous event.

The accident occurred in the wee hours of the morning - the time between dark and dawn when it is most difficult to see and discern items on the road ahead (occasionally).

Only two persons were wearing seatbelts - the driver and front passenger - perhaps, mistakenly feeling it was safe to travel without them on nearly empty highways. Time and again experts have shown that seat belts do save lives and choosing not to wear them may be the difference between life and death.

Preliminary results from a toxicology test done on the semi driver show no indication of drugs or alcohol and at this time there will be no charges filed against him.

Continue reading "Truck Accident Turns Fatal" »

Sorting out the legalities - that will certainly result from the derailment and subsequent explosion of volatile chemicals which were spilled and then exploded in a north Ohio town- may extend well into the future.

In the early morning hours several days previous reports indicate 18 rail cars left the tracks and over three hundred thousand gallons of a volatile chemical (ethanol?) were released. The explosion and fire were so intense that responders could not get within a mile of the flames - which shot several hundred miles in the air.

Families were evacuated - and are just now returning. The Environmental Protection Agency has stepped in to determine whether or not there will be long term contamination of the ground, groundwater, waterways and air.

Unfortunately, all too often, authentic and long term negative effects of chemical spills echo far into the future and the damage it does may not manifest itself for years.
Chemical spills across this country are on the increase in part because there are more and more chemicals that are being transported in trucks and by trains.

Americans rarely give it a thought until a catastrophic event involving chemicals impinges on their lives. At that point it's often too late to do anything more than react by removing yourself and your family from the situation.

But that too, is usually temporary - and a return to the site of the original event could have long-term ramifications on your health and that of your family.

In an era of "anti governmental regulations" some folks tend to forget that every day, regulations protect your family and the community in which you live.

Continue reading "Chemical Spills" »

The U.S. Department of Transportation and the Federal Motor Carriers Safety Administration are charged with adequate oversight of - among other things - the trucking industry. As with all federal regulators - they are only successful up to a certain point and part of their success lies in the responsible behavior of the trucking businesses and their drivers.

For instance, the FMCSA requires truck drivers to maintain a 'log' (diary, record, journal) of the number of hours they drive (and where they've been).

As the reader is probably guessing - the authenticity of these records is usually in question - more to the point the information is falsified often enough that truckers refer to these logbooks as comic books - nothing more than a work of fiction that may bring a chuckle to a fellow trucker's lips all while presenting the information as legitimate.

Occasionally, these - illegal, unethical, unconscionable (need I go on) - practices come to light and the driver's behavior is found out.

For instance, I recently wrote about a fatality accident between a semi-truck driver and an automobile driver. The plaintiff's attorney finally uncovered the fact that the accident was most likely caused by driver fatigue - even though the driver denied it at first and pointed to his logbook as 'evidence'.

But further research uncovered the fact that it was impossible for the driver to have been in stated locations at certain hours. He was sleep deprived and both he and the company were held accountable.

When this guy got to the last page of his 'comic book' - the end didn't turn out to be so funny.

Continue reading "Fake Log Books" »

Recent semi-truck accidents across the Texas landscape emphasize the potential for disaster to other drivers - usually within a moment's notice. Consider the following recent statistics concerning semi-truck (and big truck) accidents.

*In a recent year there were over 425,000 semi-truck accidents across the United States. They resulted in over five thousand deaths and over 130,000 injuries - both major and minor.

*In a recent year there were over five thousand vehicle fatalities in Texas alone. Slightly less than ten percent of these involved large and/or semi-truck accidents in Texas.

*Surprisingly, approximately two-thirds of 18-wheeler accidents occur on rural roadways...and just as difficult to comprehend is the fact that most semi-truck accidents occur in good weather on dry roads during the week (as opposed to weekends).

*The number of semi-truck accidents due to driver fatigue has increased ten percent a year for the past few years. Meanwhile, trucking revenues continue to grow - and are expected to double within the next five years.

*The obvious conclusion is that drivers are being pressured to meet increasingly challenging deadlines as they move products across the country. Who benefits the most from this?

The obvious conclusion is the trucking industry business. Who loses - the average and unsuspecting driver on America's roadways who motor along blissfully unaware of the increasing dangers posed by semi-truck drivers.

Safe driving habits are particularly important when driving near semi-trucks. This includes leaving a healthy distance between your vehicle and theirs - and passing with caution.

Continue reading "Recent Truck Accident Statistics in Texas" »

if you believe there is something at all romantic about being an over-the-road semi truck driver - a week or two in the cab of one of those big rigs would quickly change your mind. Oh sure, hitting the open road and making a living by driving sounds alluring (and easier than your current form of employment) but in the end it is a difficult, monotonous job that requires a focus, concentration and responsibility that it difficult to understand unless you've actually done it.

One of the greatest dangers of semi truck driving is driver fatigue. Getting from point A to point B while keeping the rig in control is physically and mentally demanding. Too, many trucking companies pay drivers extra for 'shaving time off the run' which entices drivers to stay on the road long after they should have pulled off to get some rest. I doubt there's a driver out there who hasn't experienced weariness after a few hours behind the wheel so the concept of driver fatigue is most likely universally understood.

The federal government is proposing changes to the trucking industry that would lower the number of hours a truck driver could be on duty. The goal is to help decrease injury and fatality accidents due to driver fatigue.

If you are interested in reading the full proposal visit the Federal Motor Carrier Safety Administration's website.

Continue reading "Changes Ahead for Semi Truck Drivers" »

The trucking industry attends to a diverse base of customers. If you travel the highways you are sure to see over-the-road truckers hauling products for any of the top retailers across the country. What might not be as obvious are drivers in rigs that are hauling any of a wide variety of hazardous wastes across the country.

While many of the responsibilities of a hazardous waste material truck driver are identical to that of other semi truck drivers there are some differences.

In order to join the ranks of the semi trucking industry at all a man or woman must attend school and pass the state requirements to receive their commercial driver's license or CDL. However, to transport the more dangerous materials your license will require a special endorsement as well as a criminal background check - that would include getting fingerprinted - by the Transportation Security Administration.

There is no argument that hauling hazardous materials poses a risk to the public at large. Americans are blissfully unaware that actually millions of shipments containing hazardous material are transported daily across the country!

Trucks are marked with a special placard that identifies their contents as hazardous and names the contents as well. The helps to expedite appropriate decision making on the part of first-responders - in the case of an accident or other catastrophe.

Additional markings may also be required by law depending on the hazardous material in question.

Hazardous material transport is not expected to decrease in the years to come and involves additional regulations due to the increased risk to the public.

Continue reading "Hauling Hazardous Material" »

All the while that I am applauding our federal government for passing legislation to tighten the safety requirements of the business of transporting goods across the country with semi trucks - the trucking industry is working at cross purposes to prevent these new laws from actually coming to fruition.

A recent safety analysis begun by the Federal Motor Carriers Safety Administration was intended to impose more stringent measures to evaluate the safety performances of the individual commercial trucking companies and their drivers.

Their purpose is two-fold - first they want to gather the information and make it available to the public and, too, they want to pressure trucking companies to improve their safety standards. The trucking industry is not happy about this.

In fact, they are so unhappy they have filed a lawsuit to impose an immediate stay of the standards. They do not want the safety data released for fear it could be used against them in potential lawsuits.

In addition, the harsher standards would paint many trucking companies as deficient - when they are currently rated much higher.

Please pardon this very immature reaction on my part - but this is typical. IF it was their child, their mom or dad, their aunt, uncle or friend that was killed in a truck accident because either the company or the driver had behaved negligently - then I'm sure they'd be 'singing a different tune'.

Unfortunately, it is because the industry shows a tendency to cut corners and put the safety of other drivers on the road LAST that there even needs to be regulations.

Call your congressman and other representatives. Insist these regulations go forward

Continue reading "Trucking Industry Wants to Block Safety Information" »